(A) Village of Rockford (VR) Zoning District. The Village of Rockford (VR) District is a mixed-use historic district which will allow those properties within the district boundary to continue the pattern of development established upon the village’s creation in 1789. This district is strictly designed for properties in the Rockford National Register Historic District. It is the intent of this District to accomplish the following tasks:
(1) To safeguard the integrity of the Village of Rockford by preserving those areas and individual properties therein.
(2) To stabilize and improve property values within the district boundary.
(3) To foster civic beauty; and
(4) To promote the use and conservation of the Village of Rockford for the education, pleasure, and enrichment of county and state residents.
(5) The Planning Board shall act as a Historic Preservation Commission as authorized by G.S. § 160D-303B for the purposes of making decisions. The boundary of the Village of Rockford Zoning District is based on the boundaries established by the National Register Historic District.
(B) Table of Uses. All uses within the VR District are designated as special uses, as shown in § 154.007-01, and shall comply with regulations applicable to those uses found in § 154.008. Additionally, uses that qualify under divisions (B)(1) - (3) as found below, may be considered under special use procedures.
(1) Any use found by the Planning Board to have existed on the particular property before 1956 is permitted following a quasi-judicial hearing by the Planning Board;
(2) A religious institution, college or university, or operation of an historic preservation organization with purposes related to the district; and
(3) Uses normally accessory to the principal uses listed above.
(C) Site plan review for permitted uses. For those uses designated as permitted uses in the VR District, as found in § 154.007-01, the applicant shall prepare an application for review by the Zoning Administrator that complies with this section. The site plan shall show the following:
(1) Boundaries of tract to be developed shown with bearings and distances as established by the boundary survey;
(2) Proposed rights-of-ways or easements, location, widths, and purposes;
(3) Proposed setback lines from property boundaries;
(4) Title, date, north arrow, and graphic scale;
(5) Watershed designation, if applicable;
(6) Proof of ownership of the proposed site or authorization to utilize it;
(7) Copies of the architectural renderings of the proposed building or structure; and
(8) List of all building materials to be utilized in the construction of the building’s façade.
(D) Special use permit application and review.
(1) For those uses designated as special uses in the VR District, as found in § 154.007-01, the applicant for a use change shall prepare an application for review by the Planning Board and other applicable government agencies that complies with division (A). Special uses within the VR District are subject to the requirements of this division, rather than those found in §§ 154.010.
(2) Land uses that were considered permitted uses prior to being included within the initial VR District in 2006, and are now considered special uses, will be permitted to expand up to two times their size without receiving a special use permit to expand; however, applicants will follow the requirements of division (C) above and are required to obtain a certificate of appropriateness from the Planning Board. The existing size used in this calculation shall be determined as the size of the land use when the initial VR District was adopted.
(3) Area map. The application for a special use permit shall contain an area map showing the property to be developed. The area map shall show the following:
(a) The boundary of the property to be developed;
(b) The names and addresses of adjoining property owners;
(c) The location of existing streets, buildings, railroads, transmission lines, sewers, bridges, culverts, drainpipes, and easements, to the extent that these may be ascertained from a field inspection by the county;
(d) Municipal boundaries and extraterritorial jurisdictions, township lines, zoning district classifications, and other applicable boundaries;
(e) Name of the applicable fire district; and
(f) Topography, proximity to streams, susceptibility to flooding as determined from available flood maps, and other natural features which may impose restrictions on the development of the site.
(4) Detailed development plan. The application shall contain a detailed development plan showing the following information on a sheet or sheets (not less than 18 inches by 24 inches) drawn at a scale of sufficient size to accurately and clearly show all required information including additional information as required with the area map. The detailed development plan shall be recorded, with, or part of, the boundary survey in the Office of Register of Deeds. Approved detailed development plans shall be recorded before issuance of a zoning permit. The detailed development plan shall include:
(a) Name and address of owner and surveyor, engineer, land planner and/or architect;
(b) Scaled vicinity map inset showing the location of the property in relationship to nearby towns, communities, and roads;
(c) Boundaries of tract to be developed shown with bearings and distances as established by the boundary survey;
(d) Site data table, including impervious surfaces calculations and total acreage;
(e) Proposed rights-of-ways or easements, location, widths, and purposes;
(f) Proposed setback lines from property boundaries;
(g) Title, date, north arrow, and graphic scale;
(h) Watershed designation, if applicable;
(i) A letter from the N.C. Division of Highway Engineers, if applicable, indicating that their office has reviewed the area map and site plan and specifying any problems such as highway access or right-of-way encroachments, which need to be resolved prior to approval of the application;
(j) A letter stating approval of a Sedimentation and Erosion Control Plan from NCDEQ, if applicable;
(k) Proof of ownership of the proposed site or authorization to utilize it; and
(l) The existing use of the site and the proposed use of the site.
(5) Additional requirements.
(a) Copies of the architectural drawings and renderings of the proposed building or structure; and
(b) List of all proposed building materials to be utilized in the construction of the building facade.
(6) Planning Board action.
(a) The applicant shall file 14 copies of the complete application 45 days before the next regularly scheduled Planning Board meeting. The Zoning Administrator shall set and advertise a date and time for a public hearing before the Planning Board. Notice of such hearing shall be published in a newspaper of general local circulation at least 15 days before the date set for the public hearing. At the public hearing all interested parties shall be permitted to testify in sworn testimony. Prior to the hearing all property owners within the Village of Rockford (VR) District shall be mailed a notice of the hearing, via certified mail. The person mailing notices shall certify that such notices have been mailed. Cost of postage shall be reimbursed by the applicant through fees set by the Board of County Commissioners. In addition, the property for which the special use permit is proposed shall be posted at least one week before the public hearing.
(b) The Planning Board shall consider the application and comments at the public hearing and may grant or deny the special use permit. If the special use permit is granted, the Planning Board shall use as a guide, the specific conditions outlined in this section for each use proposed. In addition, the Planning Board shall find:
1. That the use will not materially endanger the public health or safety, if located according to the plan submitted and approved;
2. That the use meets all required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and
4. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Surry County Land Use Plan.
(c) In granting the special use permit, the Planning Board may designate only those conditions, in addition to those stated herein, which, in its opinion, assure that the use and its proposed location will be harmonious with the area and with the spirit of this section and clearly in keeping with the public welfare. All such additional conditions shall be entered in the minutes of the meeting, at which the special use permit is granted, on the special use permit itself, and on the approved plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applications for the special use permit, their heirs, successors, and assigns.
(d) When deciding special use permits, the Planning Board shall follow quasi-judicial procedures. No vote greater than a majority vote of the entire Board membership shall be required for the Planning Board to issue a special use permit. Vacant positions on the Board and members of the Board who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board' for calculation of the requisite majority.
(7) Denial and appeal.
(a) If the Planning Board denies the special use permit it shall enter the reason for its action in the minutes of the meeting at which the action is taken.
(b) No appeal may be taken from the action of the Planning Board in granting or denying a special use permit except through the Surry County Superior Court within 30 days of the decision or forever be barred.
(8) Failure to comply with plans/notifications of adjacent property owners. In the event of failure to comply with the plans approved by the Planning Board, or with any other conditions imposed upon the special use permit, the permit shall thereupon immediately become void and of no effect following a quasi-judicial hearing by the Planning Board. No building permits for further construction or certificates of occupancy under this special use permit shall be issued, and all completed structures shall be regarded as non-conforming uses subject to the provisions of this chapter. In such cases, owners of adjoining property shall be notified that the special use permit is no longer in effect.
(9) Modification of permits and site plans. Where plans are required to be submitted and approved as part of the application for a special use permit, modifications of the originally approved plans may be authorized by the Planning Board. Modifications of the site plan, which is a part of the permit, are permitted following a quasi-judicial hearing consistent with §§ 154.010.
(E) Dimensional requirements.
(1) As provided below, the following exceptions shall apply to the dimensional requirements found in this subchapter for the VR District. All buildings and structures in the VR District shall comply with § 154.006-15 as well as the following yard and height provisions:
(a) Front yard. No building or part of a building, other than steps, open porches, overhanging eaves, and cornices, shall extend closer to a front street line than the average distance of the setbacks of the principal buildings on the same block and on the same side of the street within 1,000 feet from the zoning lot in either direction. Provided, however, that in no case shall the front setback be less than eight feet, and no building shall be required to set back more than 40 feet from the front street line.
(b) Rear yard. There shall be a rear yard with a depth of not less than 25 feet. When a building extends through from street to street, the front yard restrictions shall be observed on both streets.
(2) In the event that the Development Services Department finds that an application for a building permit covers activity constituting an authentic restoration or reconstruction of a building or structure that existed at the same location, said building or structure may be restored or reconstructed at the same location where the original building or structure was located, following the approval of a certificate of appropriateness, as described in division (H) below.
(3) Any items restored, reconstructed, or maintained over, on, or within a public right-of-way shall be responsibility of the property owner if they have received approval from the proper state or local agency responsible for maintaining the right-of-way. The owner’s restoration, reconstruction, or maintenance of any such item shall constitute the owner’s agreement to protect and hold the county blameless against any liability, cost, damage, or expense suffered or sustained by the county as a result of or growing out of the restoration, reconstruction, or maintenance. Such items, if approved, may be lawfully restored, reconstructed, or maintained.
(F) Non-conforming uses. Alterations, expansions, changes, rebuilds, or resuming of a non-conforming use in this district are subject to the same requirements as other districts in § 154.008. The Planning Board shall hear and decide petitions for the continuance of non-conforming uses. The Planning Board may include conditions of approval for compliance to the design and development standards below.
(G) Design and development standards. In addition to development standards required elsewhere in this chapter, permitted and special uses in the VR District shall be subject to the following site design and development criteria. These standards will ensure that new development and additions are compatible with the character of the village and protect the integrity of the village.
(1) Residential development.
(a) Design of new buildings /structures using exterior materials typical of historic buildings in the VR District including brick, stone, log, wood clapboard, finished concrete block (surface textures and/or exterior appearance should be compatible with those of surrounding structures) or a masonry product designed to appear like wood clapboard. Materials shall not comprise metal siding, vinyl siding, or concrete block. However, on a case-by-case basis, the Planning Board may authorize an alternative material if it is in keeping with the intent of this division.
(b) Building or structure design must be consistent with architecture found in the Rockford National Register Historic District, such as Colonial, Greek Revival, Gothic Revival, Federal, and Victorian. Elements such as windows, doors, siding pattern, and the like will be reviewed.
(c) Materials for the trim and siding must be installed in a fashion that is appropriate to buildings/structures in the Rockford National Register Historic District.
(d) Any dwelling built on a slab foundation shall have a minimum six-course brick masonry veneer skirt (of standard brick size) extending up the face of the slab.
(e) The majority of roof areas shall have a minimum 8:12 pitch.
(f) Chain link fencing (with or without any type of inserts), razor wire, and barbed wire shall not be permitted. This requirement does not apply to agricultural operations as defined under the bona fide farm provision.
(g) Accessory structures shall be constructed with like building materials of the primary dwelling/structure on the same property.
(h) Existing structures/buildings located in the VR District which do not initially meet the minimum design and development standards for residential development as stated above in divisions (a) through (g) shall be permitted to expand in size utilizing materials that are consistent with the exterior materials of the existing structure/building. The design of the expansion shall be consistent with the existing architecture of the structure/building.
(2) Non-residential development.
(a) Design of new buildings/structures shall utilize exterior materials typical of historic buildings in the VR District including brick, stone, log, wood clapboard, finished concrete block (surface textures and/or exterior appearance shall be compatible with those of surrounding structures), or a masonry product designed to appear like wood clapboard. Materials shall not comprise metal siding, vinyl siding, or concrete block. However, on a case-by-case basis, the Planning Board may authorize an alternative material if it is in keeping with the intent of this division.
(b) Building or structure design must be consistent with architecture found in the Rockford National Register Historic District, such as Colonial, Greek Revival, Gothic Revival, Federal, and Victorian. Elements such as windows, doors, siding pattern and the like will be reviewed.
(c) Materials for the trim and siding must be installed in a fashion that is appropriate to structures/buildings found in the Rockford National Register Historic District.
(d) Any building/structure built on a slab foundation shall have a minimum six-course brick masonry veneer skirt (of standard brick size) extending up the face of the slab.
(e) The majority of roof areas shall have a minimum 8:12 pitch.
(f) Accessory structures shall be constructed with like building materials of the primary building/structure on the same property.
(g) Parking areas shall be designed in such a manner that minimizes any adverse impact on the historic integrity of any buildings and/or structures on the property in question or adjoining properties. Parking areas shall not impede the flow of traffic along any state-maintained roads. Remote parking areas can be utilized if sufficient space is not available on the property that the non-residential land use is located (§§ 154.014).
(h) Buildings shall not be stylized or designed as advertising signage or corporate symbols.
(i) Service areas and loading docks shall not be sited on the major pedestrian side of a building and must be screened from pedestrian view by landscaping or with architectural elements.
(j) Chain link fencing (with or without any type of inserts), razor wire, and barbed wire shall not be permitted. This requirement does not apply to agricultural operations as defined under the bona fide farm provision.
(k) Refuse enclosures shall be screened from view on all sides with an eight-foot-high opaque screen of coordinated building materials and landscaping.
(l) Existing structures/buildings located in the VR District which do not initially meet the minimum design and development standards for non-residential development as stated above in through (a) through (k) shall be permitted to expand in size utilizing materials that are consistent with the exterior materials of the existing structure/building. The design of the expansion shall be consistent with the existing architecture of the structure/building.
(H) Certificate of appropriateness requirements. No exterior feature of any building or other structure, landscape or natural feature, above-ground utility structure or any type of on-premises sign shall be erected, altered, restored, moved, or demolished within the Village of Rockford District until and after an application for a certificate of appropriateness has been submitted to and approved by the Planning Board. “Exterior features” include the architectural style, general design, color and general arrangement of the exterior of the building or other structure, including the kind and texture of the building materials, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, exterior features refer to the style, material, size, color, size, and location of all such signs. A certificate of appropriateness shall be required whether or not a building or other permit is required.
(1) Authority. Certificates of appropriateness may be issued by the Planning Board as permitted by G.S. §§ 160D-303(b)(ii) and 160D-947.
(2) Time for review. The Planning Board shall hold a quasi-judicial evidentiary hearing and act upon all applications for certificates of appropriateness within a reasonable time, not to exceed 180 days from the date the complete application for a certificate of appropriateness is filed. Review and consideration of a certificate of appropriateness by the Planning Board may also run concurrently with consideration of a special use permit for the same property. As part of its review process, the Board may view the premises and seek the advice of the N.C. Division of Archives and History or other such expert advice as it may deem necessary under the circumstances.
(3) Required procedures.
(a) Applications. All applications for a certificate of appropriateness shall be submitted to the Zoning Administrator and shall be accompanied with the following documents and information:
1. A site plan drawn to scale showing the location of existing and proposed structures and property lines of such structures, parking, driveways, and landscaping;
2. Scaled drawings showing all exterior architectural detailing for the proposed project;
3. Building materials and color samples to be used;
4. Photographs of the existing structure(s) and property;
5. Any other information specifically required showing adherence to the design guidelines established by the Commission;
6. Application fee (as set by the fee schedule adopted by the Board of Commissioners); and
7. The Planning Board may require additional information in order to evaluate the impact of the proposed development. The Planning Board may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision of the project.
(b) Public notice. The Zoning Administrator shall cause to be mailed, to all property owners within the Village of Rockford (VR) District, a notice of the hearing, via certified mail. The person mailing notices shall certify that such notices have been mailed. Cost of postage shall be reimbursed by the applicant through fees set by the Board of County Commissioners. The notice shall be mailed at least ten days but not more than 25 days before the evidentiary hearing. Within that same time period, the Zoning Administrator or designee shall also prominently post a notice of the evidentiary hearing on the site that is the subject of the hearing or on an abutting street or highway right-of-way, and also in the county Development Services Department. All notices shall indicate the nature of the evidentiary hearing and the date, time and place at which it is to occur. The Board may continue an evidentiary hearing that has been convened without further advertisement. If an evidentiary hearing is set for a given date and a quorum of the Board is not then present, the hearing shall be continued until the next regular Board meeting without further advertisement.
(c) Administrative materials. The Zoning Administrator shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be provided to the Board prior to the hearing, if at the same time they are distributed to the Board, a copy is also provided to the applicant and to the landowner if that person is not the applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in electronic form. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unsolved objections shall be made by the Board at the hearing.
(d) Action by the Planning Board. The Planning Board shall not take any action upon an application for a certificate of appropriateness until an evidentiary hearing has been held. The Board shall follow quasi-judicial procedures pursuant to G.S. § 160D-406.
(e) 1. The applicant, the county, and any person who would have standing shall have the right to fully participate including presenting competent, material, and substantial evidence relevant to the case at the evidentiary hearing, cross-examining witnesses, objecting to evidence, and making legal arguments. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board.
2. Opinion testimony from a lay witness shall not be considered evidence for technical matters such as property values and traffic impacts.
(f) Pursuant to G.S. § 160D-406, the Planning Board through the Chairperson or, in the Chairperson's absence, anyone acting as Chairperson may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, the applicant, the local government, and any person withstanding under G.S. § 160D-1402(c) may make a written request to the Chairperson explaining why it is necessary for certain witnesses or evidence to be compelled. The Chairperson shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chairperson shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chairperson may be immediately appealed to the full Board. If a person fails or refuses to obey a subpoena issued pursuant to this division, the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.
(g) The Planning Board shall consider the application and competent, material, and substantial evidence presented at the evidentiary hearing and may grant or deny the certificate of appropriateness requested within a reasonable time.
(h) No vote greater than a majority vote shall be required for the Planning Board to issue such certificates of appropriateness. For the purpose of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the Board" for calculation of the requisite majority. When deciding on a certificate of appropriateness, the Commission shall follow quasi-judicial procedures. The Chairperson, Zoning Administrator or Clerk to the Board shall be authorized to administer the required oath prior to receiving testimony.
(i) Decisions. The Planning Board’s decision shall be reduced to writing, reflect the Board’s determination of the facts and their application to the applicable standards and be approved by the Board and signed by the Chairperson of the Board. The quasi-judicial decision shall be effective upon filing the written decision with the Clerk to the Board. The decision of the Planning Board shall be delivered within a reasonable time by personal deliver, electronic mail, or by first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy prior to the date the decision become effective. The Zoning Administrator or Clerk to the Board shall certify that proper notice has been made.
(4) Minor works. The Zoning Administrator or designee shall have the authority to issue a certificate of appropriateness for the following types of minor works for pivotal and contributing structures, in accordance with design and review standards developed and adopted by the Planning Board, to include the following:
(a) Storm windows, storm doors, and replacement windows;
(b) Fences for rear yards;
(c) Shutters and blinds;
(d) Installation of temporary handicapped facilities (including hand railing);
(e) Paint color (including main structure, roof, porch, decking, and porch ceiling);
(f) Signage and awnings;
(g) Minor landscaping changes (including tree removal, tree planting, and screening of mechanical equipment) and minor exterior alterations (including underpinning);
(h) Rear yard decks; and
(i) Paths, walkways, and driveways.
(j) However, no application for a certificate of appropriateness may be denied without formal action by the Planning Board.
(5) Appeals.
(a) All appeals to decisions of the Planning Board in granting or denying a certificate of appropriateness may be made to the Board of Adjustment in the nature of certiorari within times prescribed for appeals of administrative decisions in G.S. § 160D-405(c) and § 154.010-04. To the extent applicable, the provisions of G.S. § 160D-1402 shall apply to appeals in the nature of certiorari to the Board of Adjustment.
(b) Appeals from the Board of Adjustment may be made pursuant to G.S. § 160D-1402.
(c) Petitions for judicial review shall be taken within times prescribed for appeal of quasi-judicial decisions in G.S. § 160D-1404. Appeals in any such case shall be heard by the Superior Court of Surry County.
(I) Demolition within the Village of Rockford District. An application for a certificate of appropriateness authorizing the demolition of a building or structure within the Village of Rockford District may not be denied. The effective date of such a certificate may be delayed for a period up to 365 days from the date of approval. The maximum period shall be reduced by the Planning Board where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return from such property by virtue of delay. During the period of delay, the Board may negotiate with the owner, county departments and any other parties involved in an effort to find a means of preserving the building. In the event that the Board finds that the building has no significance or value toward maintaining the character of the district, it shall waive all or part of such period and authorize earlier demolition or removal.
(J) Preservation of historic features in public rights-of-way. In order to prevent destroying or seriously damaging the historic, architectural, or aesthetic values of the physical features lying within public rights-of-way, all public utility companies shall be required to obtain a certificate of appropriateness prior to initiating any changes to the character of streetscapes, paving materials, and sidewalks.
(K) Additional zoning amendment petition criteria.
(1) In addition to the requirements of §§ 154.009, all landowners in the VR District shall be notified by certified mail of petitions submitted to the county for zoning amendments pursuant to this chapter.
(2) In addition to the requirements of §§ 154.009, petitions for zoning amendments for properties within the VR District, or for properties proposed to be rezoned to the VR District, shall be filed no later than 45 days prior to the Planning Board meeting at which the petition or application is to be considered.
(L) Applicability and conflict. Development activities within the VR zoning district are subject to all applicable requirements in this chapter, as well as those found in division (A). If the provisions found in this division conflict with any other provisions of this chapter, the provisions of this division shall govern.
(Ord. passed 4-17-2023)